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SB 152
Bill Information Senate Bill 152 Title: AN ACT relating to full disclosure in public safety Primary Sponsor: Sen. Whitney Westerfield Co-Sponsors: Sen. Danny Carroll, Sen. Mike Wilson, Sen. Damon Thayer, Sen. Max Wise, Sen. C.B. Embry Jr. Date Introduced: 4 February 2016 Current Status: In the House Health and Welfare Committee What Does It Do? The purpose of this bill is to require an ultrasound prior to an abortion, and to provide a criminal penalty if an ultrasound doesn't occur. If an abortion occurs without an ultrasound prior, the first offense will be a maximum fine of one hundred thousand dollars ($100,000), and the second offense would be a maximum of two hundred fifty thousand dollars ($250,000). In addition, if the physician practices without a license and doesn't perform an ultrasound, the fine will be given, but the physician will also be charged with a Class D felony. Why Create This Bill? Senator Westerfield has submitted this piece of legislation in previous sessions, but none have passed so far. Each time, Senator Westerfield explains that a personal friend and constituent received an abortion many years ago. However, the attending nurse denied her the right to see the ultrasound and replied, "it's best we don't go down that road." To this day, Senator Westerfield's constituent claims that her decision would have been different if an ultrasound had been performed. Important Actors on this Bill The most important actor on this bill is Senator Whitney Westerfield, since he is the primary sponsor of this bill and has repeatedly tried to get it passed. In addition to Senator Westerfield, Governor Matt Bevin played an important role. Since Governor Bevin is a member of the Republican Party, and the Senate is majority Republican as well, this support would mean that if this bill makes it through the House, then it is highly likely it will be signed into law. Although they aren't a member of the legislature, the Kentucky Right to Life was a strong supporter of this legislation, and has supported pro-life legislators and their campaigns by making donations. An opponent to this legislation was Senator Perry Clark. When this bill was heard in the Veterans, Military Affairs, and Public Protection committee, he was the only person who voiced a "No" vote. When the bill reached the Senate floor, Senator Clark was joined by fellow democratic Senators Denise Harper Angel, Morgan McGarvey, and Reginald Thomas as the only four “No” votes. The last major actor on this bill was Representative Tom Burch, who is the chairman of the House Health and Welfare committee. Since Representative Burch is the chairman, he controls what bills will and won't be heard. Since Representative Burch strongly believes that abortions should always be legal, he refused to hear this bill in committee, and caused its death. Legislation Like SB 152 in Other States This type of legislation isn't limited to Kentucky though. States such as Indiana, Ohio, Virginia, North Carolina, Florida, Nebraska, Oklahoma and Arizona all require that an ultrasound must have been preformed and the woman must be offered the opportunity to see the image. Although there are states that require an ultrasound, there are others such as Missouri, North and South Dakota and Utah that state that the woman must be offered an ultrasound, but the actual procedure isn’t required. In addition to these measures, there are states such as Louisiana, Texas, and Wisconsin that require all abortion providers to display and describe the ultrasound image to each woman who is seeking an abortion. Major Changes During Process? No amendments were proposed.